K. Bhaskara S/o Kenche Gowda L. v. State of Karnataka
2025-07-01
H.T.NARENDRA PRASAD
body2025
DigiLaw.ai
ORDER : 1. This writ petition is filed under Articles 226 & 227 of the Constitution of India, challenging the order dated 15.02.2024 vide Annexure-U passed by the eighth respondent and the order dated 09.02.2024 vide Annexure V, passed by the ninth respondent, whereby their request for giving the benefit as per the Government Order dated 12.05.2006 vide Annexure-D, has been rejected. 2. The learned counsel for the petitioners filed a memo, dated 01.07.2025 stating that petitioner Nos. 8 and 9 were given the benefit provided under the Government Order dated 12.05.2006. Hence, they will not press the writ petition. 3. The said memo is taken on record. 4. The petitioners are working as High School Teachers working in aided schools. The Government, by order dated 12.05.2006 granted Rs.200/- per month, as special allowance. The same has been continued vide Annexure E dated 29.08.2008. Thereafter, vide order dated 09.05.2012 vide Annexure-F, the said special allowance has been enhanced from Rs.200/- to Rs.400/- per month. Thereafter, the Government issued an order dated 23.07.2018 vide Annexure-L, restricting the benefit only to the teachers who were appointed on or before 01.08.2008. The Government Order dated 23.07.2018 has been challenged before the Karnataka Administrative Tribunal (for short, ‘the KAT’) by some of the teachers in A.Nos.4412-4428 of 2020 and connected matters. The KAT, by order dated 05.05.2021, quashed the Government Order dated 23.07.2018. The order of the KAT has been challenged by the State before this Court in W.P.No. 6902/2022 and connected matters. A Division Bench of this Court, by order dated 20.06.2023 vide Annexure-Q dismissed the writ petitions, confirming the order passed by the KAT dated 05.05.2021. Hence, the petitioners also submitted representations to consider their cases in terms of the decision of the KAT. The said representations have been rejected by the impugned endorsements dated 15.02.2024 and 09.02.2024, stating that the benefit will be granted only to the candidates who have approached the court. 5. Thereafter, in view of the order passed by the KAT, the Government has issued a communication to the Commissioner, Department of Public Instructions, Bangalore on 26.02.2024 stating that the Government Orders dated 12.05.2006 vide Annexure-D and 09.05.2012 vide Annexure-F are made available to the eligible teachers and also during the pendency of this writ petition, in respect of petitioner Nos. 8 and 9, by orders dated 04.05.2024 and 31.05.2024, the benefit has been extended to them.
8 and 9, by orders dated 04.05.2024 and 31.05.2024, the benefit has been extended to them. In respect of the other petitioners are concerned, their case has not been considered. In view of the above, the impugned orders vide Annexures U and V are liable to be quashed. 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The impugned order dated 15.02.2024 vide Annexure-U passed by the second respondent and the order dated 09.02.2024 vide Annexure-V passed by the third respondent are hereby quashed. (iii) The respondent Nos. 6 and 7 are directed to consider the case of the petitioner Nos. 1 to 7 and 10, keeping in view the order passed by the KAT in A. Nos. 4412-4428 of 2020 and connected matters and the order passed by a Division Bench of this Court in W.P. No. 6902/2020 and connected matters and the Government Order dated 26.02.2024 vide Annexure-W, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order.